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04 May 2011

Interflora case splits opinion

The latest advocate general opinion on keyword advertising has recently been issued in Interflora Inc v Marks & Spencer plc (Case C-323/09), a reference for a preliminary ruling by the High Court

05 January 2011

Internet issues (other than domain names)

widely known as cybersquatting (fortunately, there has been much progress in this field) and typosquatting – and evolving to trademark and copyright infringement through, among other things, keyword

29 September 2009

Advocate general favours Google in AdWords cases

The opinion represents a blow to brand owners, as the advocate general stated that Google's use of keywords corresponding to trademarks in its AdWords system did not constitute infringement of those marks

16 October 2008

Supreme Court advised to refer questions to ECJ in keying case

The case concerned the use of the trademark PORTAKABIN as a keyword in Google's Adwords system.

01 November 2011

Search engines the winner in Interflora decision

In Interflora v Marks & Spencer (Case C-323/09), the European Court of Justice (ECJ) has held that a trademark owner is entitled to object to the use of its mark as a keyword if internet users cannot tell

01 September 2015

Issue 57 of World Trademark Review is now available online

While keyword litigation has not disappeared completely in the West, case law over the use of third-party marks in keyword ads is largely settled.

07 July 2009

Questions to be referred to ECJ in INTERFLORA Case

Interflora Inc v Marks and Spencer PLC, the Chancery Division of the High Court of England and Wales has decided to refer questions to the ECJ concerning use of a third party's registered trademark as a keyword

19 October 2006

No rescue for 'keying' complaint against Google

plaintiff's mark when it sold to the plaintiff's competitors the right to have their advertisements, or sponsored links, delivered in search results when consumers entered the mark as a search term or keyword

11 May 2009

Use of marks to trigger sponsored links is use in commerce

with the growing trend among federal district courts, the US District Court for the District of Massachusetts has denied a partial motion to dismiss on the grounds that the purchase of a trademarked keyword

03 February 2004

Google seeks declaration on AdWords program

California, requesting a declaratory judgment that its controversial AdWords program, which permits advertisers to place advertisements (ie, sponsored links) on the Google home page when a registered keyword

22 September 2009

Google gains early advantage in key European AdWords case

The advocate general of Europe's highest court today gave his backing to Google's controversial AdWords system, which allows advertisers to purchase third-party trademarks as keywords to trigger sponsored

30 April 2010

Rosetta Stone v Google thrown out: mark owners need new tactics

There is no stopping Google selling trademark terms as keywords. That is the message from the US courts this week.

05 November 2014

AdWords back in the headlines as retrial ordered in Interflora and Marks & Spencer dispute

The Court of Appeal for England and Wales today ordered a retrial in the long-running keyword dispute between Interflora and Marks & Spencer, finding that the trial judge had made a number of legal errors

26 June 2013

Interflora: High Court considers infringement by broad matching without negative matching

On May 21 the High Court handed down judgment in Interflora Inc v Marks and Spencer Plc, holding that M&S had infringed Interflora’s trademarks by using ‘Interflora’ as a keyword in conjunction

07 September 2010

Google investigation must consider trademarks and AdWords

The news that Google is being investigated on antitrust concerns is perhaps not surprising, but the fact that regulators may study Google's keywords policies certainly is.